High Court · 2025

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to pass orders, or issue any directions or issue any appropriate writ, more particularly in the nature of WRIT OF MANDAMUS declaring the action of respondents, more particularly the respondents No. 04 to 6 in digging trench/canal by encroaching into the petitioners land to an extent of Ac.2-35 gts in Sy.No.911/82 and Ac.3-31 gts in 91 1l170lA situated at Ashwaraopet Revenue village and mandal, Bhadradri-Kothagudem District and now proceeding to uproot the cashew trees therein, despite several represen t,ltion s including on 17.02.2025, as illegal, u nco nstitutio nal, without the authority and in violation of principles of natural justice and consequently direct the respondents No.3 to 6 to expeditiously act to remove the illegal trench/canal from the pr:titioners land to an extent of Ac.2-35 gts in Sy.No.911lB2 and Ac.3-31 gts in 91 1l17OlA situated at Ashwaraopet Revenue Village, Bhadradri-Kothagudem Distr ct and not to take away the rights of the petitioners over subject lands, except in accordance with law. lA NO: 1 OF 2025 Petition under Section 1 51 CPC praying that in the ci'cumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents not to interfere with possession and enioyment of the petitioners over the subject land to an extent of Ac.2-35 gts in Sy.No.911l82 and Ac.3-31 gts in 911l17OlA situated at Ashwaraopet revenue village and mandal, Bhad rad ri-Kothagudem District, in any manner, including re:moving of existing trees in the subject land. Counsel for the Petitioners: SRI CH.RAVI KUMAR Counsel for the Respondent No.1,4 to 6: AGP FOR FORESTS Counsel for the Respondent No.2, 3 & 7: AGP FOR REVENUE The Court made the following: ORDER HON'BLE MRS JUSTICE SUREPALLI NANDA WRIT PETITION No.5380 OF 2025 - ORDER: Heard Ch.Ravi Kumar, learned counsel appearing on behalf of the petitioners and learned Assastant Government Pleader for Forests appearing on behalf of the respondents.

2. The petitioners approached the Court seeking prayer as under: *.......to pass orders, or issue any directions or issue any appropriate writ more particularly in the nature of WRIT OF MANDAMUS declaring the action of respondents more particularly the respondents No.04 to 6 in digging trench/canal by encroaching into the petitioners land to an extent of Ac.2-35 gts in Sy No.911/82 and Ac.3-31 gts in 9ll/t70/A situated at Ashwaraopet Revenue village and mandal, Bhadradri Kothagudem District and now proceeding to uproot the cashew trees therein despite several representations including on L7.02.2025 as illegal, unconstitutional without the authority and in violation of principles of natural justice and consequently direct the respondents No.3 to 6 to expeditiously act to remove the illegal trench/canal from the petitioners land to an extent of Ac.2-35 gts in Sy.No.911/82 and Ac.3-31 gts in 9tl/t7O/A situated at Ashwaraopet Revenue Village, 2 Bhadradri Kothagudem District and not to take away the rights of the petitioners over subject larrds except accordance with law and pass....,,

3. It is specific case oF the petitioners that the petitioners belong to the Scheduled Caste and depend on agriculture for their livelihood and are residents of Ashwaraopeta Mandal, Petamalapalli Village and are the legal owners of .:he lands in Ashwaraopet Revenue Village of Acs.3.31 guntas; in Survey No.9ll/17O/A, Acs.2.35 guntas in Surey No.91UB2 and the petitioners had been cultivating the subject lands for cashew and mango fruits, and had been enjoying the fruits oF the said orchard for several years, but however in the recent past, the local Forest Beat Officer and Forest Range Officer had requested the petitioners to remove the cashew treres and had been interfering with the petitioners, peaceful possession of the said subject property and the petitioners had submitted several complaints to the District Collector,s office and to the Tahsildar on 02.01.2024 and also written complitint to the Dammapet Forest Range Officer on O2.L?_.2024 however, no action had been initiated as on date on the complaints of the petitioners. It is further the case of the petitioner:; that they J possess D-Forms and receipts for farm loans obtained from banks which evidence the prooF of petitioners'ownership and cultivation of the subject lands and vide representation' dated 17.02.2025, the petitioners had even requested the District Forest Range Officer, Bhadradri-Kothagudem District i.e.,4th respondent herein to direct the forest officials not to interfere with the peaceful possession and cultivation in the subject lands and not to remove the trees and dig trenches in the petitioners' Patta lands. ln spite of the said representation, dated t7'O2'2025' of the petitioners addressed to the 4th respondent herein' there had been no action initiated by the 4th respondent herein and the interference of the Forest officials continued in respect of the petitioners' peaceful possession of the said subject lands' Aggrieved by the same, the petitioners approached the Court by filing the present Writ Petition'

4. Learned Assistant Government Pleader for Forests appearing on behalf of the respondents placing reliance on the written instructions vide Rc'No'L94/2fJ25lP5l 4 dated 21.O2.2(J25, obtained from the Forest Divisional Officer, paloncha, submits that the representation of the petitioners, dated L7.O2.2O25 is under examination and after due course of enquiry appropriate orders would be passed on the said representation dated L7.O2.2O25 of the petitaoners by following due procedure as laid down under law.

5. Takinqrn to con sideratio a) The aforesaid facts and crrcumstances of the case. b) The submissions made by the learned counsel appearing on behalf of the petitioners and tearned Assastant Government pteader for Forests appearing on behalf of the respondents. c) The Written instructions vide Rc.No. tg4/2(/25/pS, dated ZL.O2.2O2S of the Forest Divisional Officer, Paloncha addressed to the learned Government pleader for Forests which is brought on record. The Writ petition is disposed of directing the 4th respondent to consider the grievance of the petitioner 5 \\i as put-forth in the petitioners' detailed representation, dated L7.O2.2O25 addressed to the 4th respondent herein in accordance to law which pertains to dropping of action of the forest officials in digging trench/canal IN petitioner's cultivated pattas lands and interfering with the petitioners' peacefu! possession of the petitioners' subject lands to an extent of Ac.2.35 guntas in Sy.No.911/82 and Ac.3.31 guntas in Sy.No.911/L7OlA situated at Ashwaraopet Revenue Village and Mandal, Kothagudem District within a period of one (O1) week from the date of receipt of copy of the order in accordance to law and pass appropriate orders on the said representataon of the petitioners, dated 17.O2.2O25 and initiate appropriate action accordingly. \ Till the above exercise is initiated and concluded by passing of appropriate orders by the 4th respondent on the representation of the petitioners, dated L7.O2.2O25 as per the directions as issued as above within the tim€ period as stipulated as above, the 6 status-quo existing as on date in respect of petitioners, land to an extent of Acs.3.31 guntas in Survey No.g11/17OA, Acs.2.35 guntas in Surey No.911/82 situated at Ashwaraopet Revenue Village and Mandal, Bhadradri-Kothagudem Distract shall be maintained. It is also observed that under the guise of status-quo orders passed by this Court in the present Writ Petation, the petitioners shall not encroach the forest lands and in the event, the petitioners encroach the forest land the respondents are at libefi to initiate appropriate action against the petitioners as per the provisions of the Forest Act, 1967._However, there shall be no order as to costs. Miscellaneous petitions, if any, pending irr this Writ Petition, shall stand closed. //TRUE COPY// SD/. L. LAKSHMI BABU ISTANT REGIS To,

1. The Principal Secretary, Forest Hyderabad, State of Telangana.

2. The Principal Secretary, Revenue Hyderabad, State of Telangana. SECTION OFFICER Departme t, Secretariat Buildings, Department, Secretariat Buildings,

3. The District Collector, Bhadradri-Kothagudem, Bhadradri-Kothagudem District 4. The District Forest Officer, Bhadradri-Kothagudem, Bhadradri-Kothagudem District

5. The Forest Divisional Officer, Ashwaraopet, Bhadradri-Kothagudem District

6. The Forest Range Officer, Ashwaraopet, Bhadradri-Kothagudern Drstrict. 7. The Tahsildar, Aswaraopet Mandal, Bhadradri-Kothagudem District. 8. One CC to SRI CH.RAVI KUMAR, Advocate [OPUC] 9. Two CCs to GP FOR FORESTS, High Cou( for the State of Telangana at Hyderabad [OUT] 'l0.Two CCs to GP FOR REVENUE, High Cou(forthe State of Telangana at Hyderabad [OUT] 'l 1. Two CD Copies BSR GJP Vv I I l HIGH COURT DATED: 2110212025 ORDER WP.No.5380 of 2025 rE j-Iz, t'.c,( 9l':.', -) o 10 JU}l 2m !') ?* t) -.::: - - - {' I I i { DISPOSING OF THE WRIT PETITION, WITHOUT COSTS \5."P(*A v,^o -zt\5Pt-